QLDIn ForceAct
Marine Parks Act 2004
sec.87Notice of damage
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### sec.87 Notice of damage
This section applies if—
an inspector damages property when exercising or purporting to exercise a power; or
a person (the other person ) acting under the direction of an inspector damages property.
The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.
If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector or other person’s control, the inspector may state the belief in the notice.
If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
This section does not apply to damage the inspector reasonably believes is trivial.
In subsection (2) —
owner , of property, includes—
the person in possession or control of it; and
for abandoned, stranded, sunk or wrecked property—includes the person in control of the property when it was abandoned, stranded, sunk or wrecked.
(sec.87-ssec.1) This section applies if— an inspector damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages property.
(sec.87-ssec.2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.
(sec.87-ssec.3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector or other person’s control, the inspector may state the belief in the notice.
(sec.87-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
(sec.87-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial.
(sec.87-ssec.6) In subsection (2) — owner , of property, includes— the person in possession or control of it; and for abandoned, stranded, sunk or wrecked property—includes the person in control of the property when it was abandoned, stranded, sunk or wrecked.
- (a) an inspector damages property when exercising or purporting to exercise a power; or
- (b) a person (the other person ) acting under the direction of an inspector damages property.
- (a) the person in possession or control of it; and
- (b) for abandoned, stranded, sunk or wrecked property—includes the person in control of the property when it was abandoned, stranded, sunk or wrecked.